Were you recently fired from your job in Santa Clarita, California? Are you a Santa Clarita resident who was fired by an employer in Los Angeles County? Do you suspect that you were wrongfully terminated, meaning that your employer violated your employment right when they took away your job?
These incidents are fairly common, even in states like California, where employees are protected by strong and comprehensive laws against unfair treatment in the workplace. It can be difficult for the average person to figure out if they were wrongfully terminated, and that’s why it’s important to speak with an employment lawyer as soon as possible. If you would like a free consultation on your rights and legal options after an unlawful termination, contact the offices of California Labor Law Employment Attorneys Group.
Laws Prohibiting Unlawful Termination
Numerous laws by the federal government and the state of California protect you and other workers from wrongful termination. Most cases have to do with one or both of the following elements: discrimination and retaliation. For example, an employer may have preconceived notions about people of a particular race, sexual orientation, religion, gender, etc. So, they find ways to discriminate against that person, like making inappropriate comments and excluding them from opportunities for advancement. Eventually, the worker grows tired of the treatment and files a Human Resources complaint. In retaliation, the employer tells the worker that they are fired or demoted from their current position.
Retaliation can also happen if someone is seriously ill or injured and in need of medical leave. Most employees in California are eligible for up to 12 weeks of leave time under the California Family Rights Act and the Family and Medical Leave Act. However, an employer may choose to violate the law and fire you because you requested leave or while you are out on leave.
Would you like to learn more about the different laws that have to do with wrongful termination? If so, don’t hesitate to call us and talk to an employment rights attorney in Santa Clarita.
Basis for a Wrongful Termination
Title VII of the Civil Rights Act, the Family and Medical Leave Act, the Fair Employment and Housing Act – these are just some of the laws that prohibit certain kinds of termination in California. Yet, employers continue to fire workers based on reasons that are illegal. Here are some of the most common reasons that employers use to fire someone unlawfully:
- Being of a certain race or ethnicity
- Assuming the worker is too old to keep up with the demands of their current position
- Having a physical or mental disability
- Having a serious medical condition that requires workplace accommodations
- Having certain religious or political beliefs
Those who were wrongfully terminated can take legal action against the employer, which we can assist you with here at California Labor Law Employment Attorneys Group. We know what it takes to build a solid case for wrongful termination and secure the compensation you deserve.
La Comisión de Igualdad de Oportunidades en el Empleo
The EEOC is a federal agency that enforces U.S. employment laws, like the Pregnancy Discrimination Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act. So, if you were fired because your employer discrimination against a protected category (race, age, disability, religion, etc.), you can file a wrongful termination claim with the Equal Employment Opportunity Commission. In California, workers have 300 days to file an EEOC claim. The agency will launch an investigation to see if your employer has broken employment laws at the federal level.
The California Civil Rights Department
This agency by the State of California used to be known as the Department of Fair Employment and Housing, so the new name may be unfamiliar to you. However, this is the agency that enforces state laws regarding discrimination and retaliation by California employers. As long as your current or former employer has at least 5 employees, you can file a complaint for wrongful termination with this agency. Should you file a claim with the CRD or the EEOC? Once we learn the details of what you went through, we can determine the right agency to file with and ensure that all your paperwork is submitted in a timely manner.
Filing a Lawsuit for Wrongful Termination
After you file a labor law violation claim, the EEOC or the CRD will investigate your allegations to see if there was a violation of one or more employment laws by your employer. If there is credible evidence to support a case of wrongful termination, the agency may take punitive actions against your employer. However, the agency can also allow you to go ahead with a lawsuit through the civil court system. This way, you can seek monetary damages, like value of lost wages and work benefits, pain and suffering, and damage to your professional reputation.
Upon receiving a Right to Sue letter from either the EEOC or the CRD, you have a limited amount of time to sue your employer. To ensure that you do not miss important deadlines that can have to do with your case, please reach out to a Santa Clarita wrongful termination lawyer.
Estatuto de limitaciones para una demanda por despido injustificado
Depending on the type of claim you are filing, you may have anywhere from 300 days to 3 years to file a wrongful termination claim. Afterwards, you can go ahead with a lawsuit if you are provided with a Right to Sue notice. But how long do you have to file a lawsuit against your employer? With EEOC claims, the statute of limitations for a lawsuit is 90 days from the issuance of the Right to Sue letter. Alternatively, you have 1 year to sue for wrongful termination if the letter comes from the California Civil rights Department.
Seeking a Second Opinion on Your Case
The idea of a second opinion may not have occurred to you, but this is an important option for anyone who would like another lawyer’s advice on their case. Maybe you have an important issue that you are unsure about, like accepting a settlement offer or asking for a trial date. Or, you may have serious concerns about your attorney, like poor communication, unprofessional conduct, and lack of trust in their ability to resolve the case in your favor.
A lot of people don’t know what to do in these situations, but we want to assure you that seeking counsel from another lawyer is completely within your rights. You also have the right to change lawyers for a wrongful termination case if you are dissatisfied with your current law firm. Of course, finding a new legal representative is a big decision, and you should carefully consider what the process entails and whether a new lawyer will truly benefit your case. That’s why we invite you to contact our employment lawyers in Santa Clarita.
We are happy to provide you with a free second opinion consultation to discuss whatever is on your mind. There is no obligation to switch lawyers when you meet with us, or commit yourself to anything else you are not 100% sure about. If you are interested in obtaining a second opinion from a wrongful termination attorney contact our office today.
Garantía de tarifa cero
Legal representation is the best way to navigate the legal system and hold your employer accountable if you were wrongfully fired. But how can you pay for legal fees when your finances have taken a hit from losing your job? Our law firm works on contingency, so we get paid by receiving a percentage of your settlement from a wrongful termination case. This is our promise to you under the Zero Fee Guarantee, so you pay $0 upfront, and you pay $0 if we fail to win your case.
Please get in touch with us at your earliest opportunity and schedule a free consultation with a lawyer that specializes in wrongful terminations.
– Valor de un caso de despido injustificado
